Ramesh Singh @ Ramesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73676 of 2022 Arising Out of PS. Case No.-8 Year-2016 Thana- SHRI NAGAR District- Madhepura ====================================================== RAMESH SINGH @ RAMESH KUMAR SINGH Son of Durga Prasad Singh R/O Vill.- Israin Bela, Ward No.- 18, P.S.- Srinagar and District - Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India Government of India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Verma, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-04-2023 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with NDPS Special Case No. 01 of 2016 arising out of Srinagar P.S. Case No. 08 of 2016 dated 28.01.2016 registered for the offences punishable u/ss 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act.

As per the prosecution case, 5.800 Kg. Raw ganja and 500 grams dried ganja was recovered from the house of co-

Patna High Court CR. MISC. No.73676 of 2022(2) dt.06-04-2023 2/3 accused Ranjeet Singh @ Fighter and 250 grams of dried ganja was recovered from the house of co-accused Jalandhar Mandal and 02 raw ganja plants weighing 3.700 Kg. was recovered from the courtyard of the petitioner. It is further alleged that the petitioner and the co-accused persons are said to have involved in selling of ganja.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. The name of the petitioner has been dragged in this on the basis of mere suspicion. Learned counsel has further submitted that after investigation, the police has submitted final form against the petitioner but the learned trial court took cognizance against the petitioner. He also submitted that the seizure list was not prepared for the recovery made from the house of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.10.2022. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond

Patna High Court CR. MISC. No.73676 of 2022(2) dt.06-04-2023 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with NDPS Special Case No. 01 of 2016 arising out of Srinagar P.S. Case No. 08 of 2016. The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T